Maria Jordan v. Director, Office of Workers' Compensation Programs, Department of Labor, et al.

The Fifth Circuit Court of Appeals dismissed a petition for review of an agency adjudication subject to the Administrative Procedure Act. The court dismissed without providing any explanation whatsoever. Then— again without any explanation whatsoever—it denied a motion requesting transfer to district court and a motion requesting an opinion or at least a statement of the relevant law. The record shows that the Fifth Circuit dismissed this appeal without explanation to arrogate to itself the power to disregard all authority in precedent, federal law and the U.S. Constitution governing judicial review. Consequently, the questions presented are:

1. Whether the Administrative Procedure Act, as applied to Petitioner by the Fifth Circuit, is unconstitutional.

2. Whether, when dismissing a petition for review of agency action governed by the Administrative Procedure Act, a court of appeals is required to declare the governing law, state material facts, and address relevant issues presented by the parties.

3. Whether, upon the filing of a procedurally correct and adequate petition for certiorari, the U.S. Constitution requires the U.S. Supreme Court to reverse an unexplained dismissal of judicial review of an agency adjudication governed by the Administrative Procedure Act.